Legal Opinion

Neskovski v. State

District Court of Appeal of Florida

Decided September 27, 1990No. 89-94PublishedCited by 2 opinions

1Per curiam

Appellant seeks reversal of his conviction for attempted murder based on the trial court’s refusal to hold a Richardson hearing to evaluate the state’s failure to disclose photographs of the crime scene prior to trial. The record does indicate that the failure to disclose was probably inadvertent; however due to the trial court’s refusal to conduct a Richardson hearing, it is impossible to discern whether the defendant was in any way prejudiced. Accordingly, this conviction must be reversed. Smith v. State, 500 So.2d 125 (Fla.1986).

We also note that appellant was sentenced to a three year…

2Cases cited5 opinions

  1. State v. OverfeltSupreme Court of Florida · 1984
  2. Smith v. StateSupreme Court of Florida · 1986
  3. Hardee v. StateSupreme Court of Florida · 1988
  4. State v. JonesDistrict Court of Appeal of Florida · 1988
  5. Ridley v. StateDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Stacey v. StateDistrict Court of Appeal of Florida · 1995
  2. Hasty v. StateDistrict Court of Appeal of Florida · 1992

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